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CR.MA/367720/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
MISC.APPLICATION No. 3677 of 2008
In
CRIMINAL
APPEAL No. 1159 of
2007
=================================================
STATE
OF GUJARAT - Applicant(s)
Versus
PRATAPBHAI
MOHANBHAI MALVI(BHAI) - Respondent(s)
=================================================
Appearance :
P
Ms.M.S. PANCHAL, ADDL PUBLIC PROSECUTOR for Applicant(s) : 1,
RULE
UNSERVED for Respondent(s) :
1,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 08/09/2008
ORAL
ORDER
(Per : HONOURABLE MR.JUSTICE RAVI R.TRIPATHI)
Rule
was issued on 31st July 2008 returnable on 28th
August 2008. On 28th August 2008, the matter was
adjourned to 4th September 2008. On 4th
September 2008, when it was reported that the notice is not received
back, the office was directed to inquire into the matter and the
matter was adjourned for today, i.e. 8th September 2008.
2. A
letter is received from the learned Principal District & Sessions
Judge, Gandhinagar dated 5th September 2008, with which a
letter dated 5th September 2008 is enclosed that of the
learned 7th Additional Senior Judge, Gandhinagar. It is
mentioned in the letter of the learned Principal District Judge that:
.. .. the notice
was received by one, Mr.R.S. Vyas, Assistant (who transferred to
Kalol), who has through over site (sic., oversight) misplaced this
notice in other work and as such the notice is not served and
returned to the Hon’ble High Court in due course. .. ..
3. Along
with the letter of the learned Principal District Judge, there is an
explanation of one, Mr.M.S. Nayi, Superintendent, 7th
Additional Senior Civil Court, Gandhinagar, wherein it is stated
that:
He is serving as a
Bench Clerk in the Court of 7th Additional Senior Civil
Court; that the notice was received by Court Clerk, Shri R.S. Vyas,
who inadvertently placed that notice in some other proceedings; that
it is only on inquiry from the Court of learned Principal District
Judge that the notice was traced; that as he was busy with the work
of the Bench Clerk, the notice could not be served.
He
has requested to accept his explanation.
3.1 There
is also an explanation by one, Mr.T.V. Trivedi, Assistant, 7th
Additional Senior Civil Court, Gandhinagar, wherein it is stated
that:
He was on paternity
leave from 20.08.2008 to 03.09.2008; that his father-in-law has
expired on 15.08.2008; that his wife has given birth to baby boy by
caesarian and that the notice was received by Shri R.S. Vyas, another
Assistant of the Court, who inadvertently kept the notice in some
other matter; that on inquiry from the District Court, as he resumed
the duty on 04.09.2008, traced the notice.
He
has requested to accept his explanation.
4. The
office is directed to request the learned Principal District Judge,
Gandhinagar to seek an explanation of Mr.R.S. Vyas, Assistant, who is
stated to have been transferred to Kalol, in the matter. The
learned Principal District Judge be also requested to inform this
Court as to what action is taken against said Assistant, Mr.R.S.
Vyas.
5. Office
is directed to issue fresh process of rule returnable on 22nd
September 2008. Direct service is permitted.
(RAVI R. TRIPATHI, J.)
(K.M. THAKER, J.)
karim
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